Gunasekara and Another v. Jayakumar – sllr 2002 volume 1 page 211

In the case between the longstanding tenant-respondent (the plaintiff, former toddy tavern operator from 1971 to 1980) and the property owners-appellants (defendants), the Supreme Court addressed whether the plaintiff’s statutory tenancy persisted following a voluntary surrender of possession, and if the lower courts exceeded their jurisdiction by granting relief not specifically pleaded—namely, a declaration of tenancy and an ejectment order. It was held that a tenancy terminates upon voluntary surrender of possession to the landlord and does not require a court decree for valid termination. The Court invalidated the lower courts’ grant of unprayed relief, reaffirming the principle that possession voluntarily relinquished divests the former tenant of further rights, in accordance with sta